CHAKKA CHALAPATHI RAO v. THE STATE OF ANDHRA PRADESH
WP/22500/2025 · 2025-08-21
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30643 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30643 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010443392025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22500/2025 Between:
1. CHAKKA CHALAPATHI RAO, S/O LATE RAMAKRISHNAIAH, AGED 65 YEARS, OCCBUSINESS, R/O.DOOR NO. 7-1-40 PALLAPU VEEDHI, PITHAPURAM, KAKINADA DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH
2. THE COMMISSIONER OF ENDOWMENTS, STATE OF ANDHRA PRADESH, GOLLAPURDI, VIJAYAWADA, KRISHNA DISTRICT
3. THE REGIONAL JOINT COMMISSIONER, ENDOWMENTS DEPARTMENT, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT
4. THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, KAKINADA EAST GODAVARI DISTRICT
5. SRIPADA SRI VALLABHA MAHA SAMSTHANAM, PITHAPURAM, KAKINADA DISTRICT
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring G.O.RT.No.861 Revenue (Endowments.il) Department dt.07.08.2025, to the extent it pertains to the 5TH Respondent Temple, as it was issued without considering
2
Petitoner's representation dt.22.5.2025 for recognition of his family as the Founder Family of the 5TH Respondent Temple and for appointing him as a Founder Family Member, as illegal, unjust, arbitrary, discriminatory, and in violation of principles of Natural Justice and also in violation of Articles 14 AND 21 of the Constitution of India and also contrary to the provisions of Act 30 of 1987 and consequently set aside the impugned G.O.RT.No.861 Revenue (Endowments.il) Department dt.07.08.2025 to the extent it pertains to the 5TH Respondent Temple and direct the Respondents to consider Petitoner's representation dt.22.05.2025 and recognise his family as the founder family of the 5TH Respondent Temple and to appoint him as the Founder Family Member of the 5TH Respondent and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedigns pursuant to the impugned G.O.RT.No.861 Revenue (Endowments.il) Department dt.7.8.2025 to the extent it pertains to the 5TH Respondent Temple, pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. SRINIVAS BOBBILI Counsel for the Respondent(S):
1.
SRINIVAS BOBBILI Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS The Court made the following:
ORDER:-
Heard Sri Srinivas Bobbili, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments. 2. The writ petition is filed to challenge G.O.RT.No.861 Revenue (Endowments.II) Department dated 07.08.2025, to the extent it pertains to the 5th respondent temple, without considering the petitioner's representation dated 22.05.2025 for recognition as a founder family member. It is contended that the petitioner's family, being staunch devotees
3
of Sri Sri Sri Dattatreya Swamy Varu and Sri Sri Sri Sripada Vallabha Swamy Varu, has constructed a temple in his dedication. In the course of time, the temple, Pithapuram, particularly the locality where the subject temple is built, is believed to be the birthplace of Sri Sri Sripada Vallabha Swamy. It has gained popularity and devotees, especially from Karnataka and Maharashtra, visit the place for the blessings of Sri Sri Sripada Vallabha Swamy. It is further contended that to cater to the needs of the devotees who visit the temple from outside the town, the petitioner’s family has provided several amenities and also has taken up religious activities to maintain the significance of the temple. For better administration, registered societies viz., (i) Sripada Sri Vallabha Maha Samsthanam - to manage temple affairs and (ii) Sripada Sri Vallabha Seva Sangh – to provide services to devotees, were formed. However, some of the devotees formed another Trust and have excluded the petitioner from conducting the affairs of the Sangham. 3. Subsequently, the 5th respondent was notified under Section 6 (a) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. It is contended that vide the impugned proceedings, the Trust Board is proposed to be constituted in respect of the subject 5th respondent Samsthanam. 4. The learned counsel for the petitioner submits that even before the impugned notification is issued, the petitioner has made a representation dated 22.05.2025 to the respondents to recognize him as founder family member, the said representation has remained undisposed. However, the
4
respondents have taken a decision to constitute a Trust Board, which if constituted without the petitioner, whose claim is pending for consideration, the same would be detrimental to the interest to the petitioner as well as the 5th respondent. Thus, prays for a direction to consider the representation of the petitioner dated 22.05.2025, before the Trust Board is constituted. 5.
The writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on the representation of the petitioner dated 22.05.2025, before the members of the Trust Board are appointed, as expeditiously as possible. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA
Date:22.08.2025 ANI
5
149
THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION No.22500 of 2025
Date:22.08.2025
ANI